PUSHPA KANWAR Vs. PRATAP SINGH

JUDGEMENT

(1.) These two writ petitions under Article 227 of the Constitution of India have been filed by the petitioners praying for setting aside the impugned orders dtd. 30/9/2024 (Annex.7 in W.P. No. 17527/2024) and (Annex.6 in W.P. No. 17468/2024) passed by the learned Additional District and Sessions Judge No.2, Udaipur in C.O Cases. Nos. 53/2013: 'Pratap Singh v. Chain Singh and Ors.' and 206/2023: 'Smt.Pushpa Kunwar and Ors. v. Pratap Singh and Ors.', whereby the separate applications moved by the petitioners under Sec. 151 of the Code of Civil Procedure, 1908 seeking consolidation of the above-numbered civil suits have been rejected by separate orders.

(2.) A perusal of the record of the case indicates that on 28/5/2013, the respondent Pratap Singh filed a suit for partition and permanent injunction against the present petitioners and other proforma respondents. In the said plaint, it was stated that in the year 1969, the father of the plaintiff and defendants (late Shri Swaroop Singh) started a business of snacks (Namkeen) in the name and style of 'Indore Namkeen Bhandar'. In due course of time, their sons also joined the said business. The description and details of the properties, of which partition was sought, were mentioned in the Schedule-A attached with the plaint. It was stated in the plaint that Swaroop Singh expired on 10/1/2012. It was further stated in the plaint that one of the brothers namely Shri Narendra Singh unfortunately expired in an accident on 5/1/2010 and therefore, his legal heirs were also impleaded as party defendants. In the plaint, it was averred that the properties mentioned in Schedule-A belong to a joint hindu family, wherein all the parties have their respective shares, therefore, the decree for partition was prayed to be passed.

(3.) The case file further reveals that after about 10 years of the pendency of the above-mentioned C.O. Case No.53/2013, the petitioners filed a suit (C.O. Case No. 206/2023) seeking partition of the joint hindu properties mentioned in Para No.8 to 15 and permanent injunction against the respondents. The present petitioners in the suit filed by them also claimed a sum of Rs.30,000.00 per month from the year 1969 till the matter is pending adjudication. Further, the registration made in the name of 'M/s. I.N.B.Foods Pvt.Ltd.' in place of 'Indore Namkeen Bhandar' on 28/3/2012 was prayed to be declared null and void. The petitioners herein also claimed their respective shares in the.